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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 6,920,826 and 3,662 among them.
Reasons
1. In the first instance trial, the Plaintiff sought payment of each credit card use price claim that the Defendant acquired from the new card, the national card, and Samsung Card, and each credit loan claim that the Defendant acquired from Hyundai Capital, Samsung Bio-resources, and the National Bank. The first instance court dismissed only the Plaintiff’s claim on the loan claim that the Plaintiff acquired from Hyundai Capital, and accepted both the remainder of the credit card use price claim and the loan claim.
However, since only the plaintiff appealed against the above judgment, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from Hyundai Capital.
2. Determination as to the cause of action
A. On June 13, 2008, Hyundai Capital lent KRW 8.28,00 to the Defendant on a lending period of 36 months and annual interest rate of 34.99% (annual interest rate of 44.99%). On March 12, 2010, Hyundai Capital lent KRW 6.150,00 to the Defendant on a lending period of 24 months and annual interest rate of 24.9% (annual interest rate of 36.9%) per annum. 2) on June 21, 2013, Hyundai Capital transferred each of the above loans to the Plaintiff on May 31, 2013 by adding the loans to KRW 3,62,681 (the principal of 723,626 won, 2939, 05 won) and KRW 60,161,237,284,2782.
3) On April 28, 2014, the Plaintiff notified the Defendant of the transfer of the above claim pursuant to Article 7 of the Asset-Backed Securitization Act. 4) From May 31, 2013 to February 13, 2014, the sum of damages for delay calculated at the rate of 17% per annum, which is the overdue interest rate determined by the Plaintiff, within the scope of the initial agreed interest rate between the Defendant and Hyundai Capital, from May 31, 2013 to February 13, 2014, is 3,258,145 won (761,191 won).
[Ground of recognition] Evidence Nos. 2-4, Evidence Nos. 1, 3, and 11, and the purport of the whole pleadings.
B. According to the above facts of determination, the Defendant’s acquisition of each of the above loan claims is the first time between the Defendant and Hyundai Capital from February 14, 2014 to the day of complete payment with respect to KRW 6,920,826 and the leased principal of KRW 3,662,681.